Land (Oct 2022)

Land Surveying and Squatting

  • Lawrence W. C. Lai,
  • K. W. Chau

DOI
https://doi.org/10.3390/land11101740
Journal volume & issue
Vol. 11, no. 10
p. 1740

Abstract

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Although its scale and social implications depend on the specific country or local situations, squatting is a global urban and rural phenomenon associated with such humanitarian issues as social justice, poverty and environmental impact, as well as economic issues, such as rent seeking by certain groups. It can be sporadic or massive. The state appears to deal with the former by implementing legal rules and the latter with social policies. With regard to the economic gains and costs of allowing squatting, it can be argued that squatter policies, which confer some entitlements on squatters, are akin to the doctrine of adverse possession in equity through recognising the benefits of long-term possession of land. Surveying and mapping as a key tool in the regulation of squatters in this context may or may not be carried out, contrary to common belief. This paper demonstrates, with documented real-world examples from Australia and China, that the state surveying of massive urban or rural squatting on government land is contingent on the benefits and costs of tolerating squatting. The discussion is related to the transfer of development rights (TDR) as a practicable inclusive policy in the context of a global drive towards land assembly for real estate development, which squatters often obstruct.

Keywords